MANISANA
Anima Roy – Appellant
Versus
Asha Rani Biswas & Ors. – Respondent
2. In T.S. No. 2 of 1982, the plaintiff filed an application for amendment under O. 6. R. 7, CPC. By that amendment petition, the plaintiffs sought by way of amendment to insert two additional reliefs one for declaration and possession of the firm, Joy Kali Trunk Factory and the other for money decree after rendition of accounts, and necessary facts for claiming the reliefs. The learned Assistant District Judge(1) allowed the amendment under order dated 19.2.1986; hence this revision petition.
3 In Ganesh Trading vs. Maji Ram, AIR 1978 SC 484, the Supreme Court has held that if a plaintiff seeks 10 alter the cause of action itself a Id to introduce indirectly, through an amendment of his pleading, an entirely new or inconsistent cause of action, amounting virtually to the substitution of a new plaint or new cause of action in place of what was originally there, the Court will refuse to permit it, if it amounts to depriving the party against which the suit is pending of any right which may have accrued in its favour by lapse of time.
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